QUESTION:
Can I charge this person with assault? I’m in high school and this girl has continuously been threatening to hurt me physically. I am too mature to lower down to her level so I just ignore her but it’s been going on since last year. We did contact the school to have the problem resolved but they did nothing. There are many witnesses who have seen and heard her threaten me. I believe that according to penal code 240 it is an assault however I am not sure of the same.
ANSWER:
Assault may be charged as against the defendant if the present case has all the requisites of the same offense as provided in the Penal Code. With regard to the aspect of Personal Injury, compensation for mental distress may be asked for. A cognizable emotional distress cause of action entitles plaintiff to reasonable compensation for any fear, anxiety and other emotional distress suffered and/or to be suffered in the future (plus reasonable compensation for consequential financial loss). As with general “pain and suffering” damages in physical injury cases, there is no precise measure prescribed by law; rather, the jury is instructed to “use your judgment to decide a reasonable amount based on the evidence and your common sense. The tort of intentional infliction of emotional distress is based on defendant’s “unprivileged” commission of an “outrageous act” with the intent to inflict mental suffering. An essential element of the cause of action is “extreme and outrageous” conduct by defendant. Essentially, defendant’s conduct must be so extreme as to “exceed all bounds of decency usually tolerated in a civilized society.” An example of an “extreme and outrageous conduct” is habitual, unprivileged threats of physical violence. [State Rubbish Collectors Ass’n v.Siliznoff, supra, 38 C2d at 335–336, 240 P2d at 284–285]
Moreover, there is a special relationship between a school district (or its employees) and students, so as to impose an affirmative duty on the district/employees to take reasonable steps to protect students from reasonably foreseeable risks of harm. For instance, A student sexually assaulted in the school restroom could sue the school district based on an omission to act. [M.W. v. Panama Buena Vista Union School Dist., supra, 110 CA4th at 517–525, 1 CR3d at 679–686]. It would be best to seek personal assistance from a lawyer to help you in filing your personal injury case.
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